Prosecution Insights
Last updated: May 29, 2026
Application No. 18/171,988

SEMICONDUCTOR DEVICE

Non-Final OA §103
Filed
Feb 21, 2023
Priority
Sep 12, 2022 — JP 2022-144538
Examiner
PATEL, REEMA
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
980 granted / 1106 resolved
+20.6% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
30 currently pending
Career history
1149
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
61.9%
+21.9% vs TC avg
§102
10.4%
-29.6% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1106 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Applicant’s election without traverse of Species 1 (encompassing claims 1-3 and 5-20) in the reply filed on 12/12/25 is acknowledged. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) were submitted on 2/21/23 and 7/2/25. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. Specification The title of the invention is not descriptive as it is generic. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanagihara et al. (U.S. 2022/0392887 A1; “Yanagihara”) in view of Yoshioka et al. (U.S. 2014/0284610 A1; “Yoshioka”). Regarding claim 1, Yanagihara discloses a semiconductor device, comprising: A first terminal (121, Fig. 1A); A second terminal (123, Fig. 1A); A third terminal (122, Fig. 1A); A first transistor (111, Fig. 1A) of a normally-off type, the first transistor including a first source (11, Fig. 1A), a first drain (14, Fig. 1A), and a first gate (12, Fig. 1A), the first source (11, Fig. 1A) being electrically connected to the first terminal (121, Fig. 1A), the first drain (14, Fig. 1A) being electrically connected to the second terminal (123, Fig. 1A), and the first gate (12, Fig. 1A) being electrically connected to the third terminal (122, Fig. 1A); A second transistor (112, Fig. 1A), the second transistor including a second source (18, Fig. 1A), a second drain (15, Fig. 1A), and a second gate (16, Fig. 1A), the second drain (15, Fig. 1A) being electrically connected to the second terminal (123, Fig. 1A), and the second gate (16, Fig. 1A) being electrically connected to the first terminal (121, Fig. 1A). Yet, Yanagihara does not disclose the following The second transistor is of a normally on-type; A diode, the diode including an anode and a cathode, the anode being electrically connected to the first terminal, and the cathode being electrically connected to the second source. However, Yoshioka discloses a semiconductor device comprising a diode (101, Fig. 1) including an anode (20, Fig. 1) and a cathode (22, Fig. 1), the anode (20, Fig. 1-2) being electrically connected to a first terminal (44, Fig. 2), and the cathode (22, Fig. 1) being electrically connected to a second source (32, Fig. 1) ([0015]), wherein the [second] transistor is of a normally on-type ([0020]). This has the advantage of improving device performance by increasing withstand or breakdown voltage and providing higher-speed operation with lower on-resistance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Yanagihara with a diode including an anode being electrically connected to the first terminal, and a cathode being electrically connected to the second source wherein the second transistor is of a normally on-type, as taught by Yoshioka, so as to improve device performance. Regarding claim 18, Yanagihara and Yoshioka disclose the diode includes a diode semiconductor member, and the diode semiconductor member includes silicon (Yoshioka: [0017]). Regarding claim 20, Yanagihara and Yoshioka disclose a plurality of the first transistors (711, Fig. 7A) and a plurality of the second transistors (712, Fig. 7A) are provided, one of the plurality of second transistors (712, Fig. 7A) is located between one of the plurality of first transistors (711, Fig. 7A)and another one of the plurality of first transistors (711, Fig. 7A), and the one of the plurality of first transistors (711, Fig. 7A) is located between the one of the plurality of second transistors (712, Fig. 7A) and another one of the plurality of second transistors (712, Fig. 7A) ([0116]). Claim(s) 2 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanagihara et al. (U.S. 2022/0392887 A1; “Yanagihara”) as modified by Yoshioka et al. (U.S. 2014/0284610 A1; “Yoshioka”) as applied to claim 1 above, and further in view of Kadoguchi et al. (U.S. 2019/0027381 A1; “Kadoguchi”). Regarding claim 2, Yanagihara and Yoshioka disclose a device substrate (Yanagihara: 1, Fig. 1A; Yoshioka: 10, Fig. 1) including a first substrate (top) face, positions of the first transistor (Yanagihara: 111, Fig. 1A), the second transistor (Yanagihara: 112, Fig. 1A; Yoshioka: 201, Fig. 1), and the diode (Yoshioka: 101, Fig. 1) with respect to the first substrate face being fixed, a first direction from the first transistor (Yanagihara: 111, Fig. 1A) to the second transistor (Yanagihara: 112, Fig. 1A) being along the first substrate face (Yanagihara: 1, Fig. 1A). Yet, Yanagihara and Yoshioka do not disclose a direction from the diode to at least a part of the second transistor being along the first substrate face and crossing the first direction. However, Kadoguchi discloses a direction from a diode (6, Fig. 4) to at least a part of a second transistor (5, Fig. 4) being along a first substrate face (22, Fig. 4) and crossing a first direction (direction between 3 and 5, Fig. 4) ([0035]). This has the advantage of reducing the footprint of components in the semiconductor device in the first direction. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Yanagihara and Yoshioka with a direction from the diode to at least a part of the second transistor being along the first substrate face and crossing the first direction, as taught by Kadoguchi, so as to reduce the size of the semiconductor device in the first direction. Regarding claim 5, Yanagihara, Yoshioka, and Kadoguchi disclose: A second (vertical) direction from the first substrate face (Yanagihara: top surface of 2, Fig. 1A) to the first transistor (Yanagihara: 111, Fig. 1A) crosses the first direction (Yanagihara: direction between 111 and 112, Fig. 1A), A direction from the first substrate face (Yanagihara: top surface of 2, Fig. 1A) to the second transistor (Yanagihara: 112, Fig. 1A) is along the second (vertical) direction, A direction from the first source (Yanagihara: 11, Fig. 1A) to the first drain (Yanagihara:14, Fig. 1A) is along the first direction, A position of the first gate (Yanagihara: 12, Fig. 1A) in the first direction is between a position of the first source (Yanagihara: 11, Fig. 1A) in the first direction and a position of the first drain (Yanagihara: 14, Fig. 1A) in the first direction, A direction from the second drain (Yanagihara: 15, Fig. 1A) to the second source (Yanagihara: 18, Fig. 1A) is along the first direction, A position of the second gate (Yanagihara: 16, Fig. 1A) in the first direction is between a position of the second drain (Yanagihara: 15, Fig. 1A) in the first direction and a position of the second source (Yanagihara: 18, Fig. 1A) in the first direction, The first source (Yanagihara: 11, Fig. 1A-1B), the first drain (Yanagihara: 14, Fig. 1A-1B), the first gate (Yanagihara: 12, Fig. 1A-1B), the second source (Yanagihara: 18, Fig. 1A-1B), the second drain (Yanagihara: 15, Fig. 1A-1B) and the second gate (Yanagihara: 16, Fig. 1A-1B) are arranged in a third (width) direction (Fig. 1B), and the third (width) direction crosses a plane including the first (length) direction and the second (vertical) direction (Yanagihara: Fig. 1A-1B). Regarding claim 6, Yanagihara, Yoshioka, and Kadoguchi disclose a first distance between the first gate (Yanagihara: 12, Fig. 1A) and the first drain (Yanagihara:14, Fig. 1A) along the first direction but do not disclose it is not less than 0.8 times and not more than 1.2 times a second distance between the second gate and the second drain along the first direction. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select a first distance to be not less than 0.8 times and not more than 1.2 times a second distance, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 7, Yanagihara, Yoshioka, and Kadoguchi disclose a first length along the third direction of a part of the first gate (Yanagihara: 12, Fig. 1A) facing the first drain (Yanagihara: 14, Fig. 1A) but do not disclose it is not less than 0.8 times and not more than to 1.2 times a second length along the third direction of a part of the second gate facing the second drain. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select a first length to be not less than 0.8 times and not more than 1.2 times a second length, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 8, Yanagihara, Yoshioka, and Kadoguchi disclose the first transistor includes a first semiconductor region (Yanagihara: 4, Fig. 1A) including GaN and a second semiconductor region (Yanagihara: 3, Fig. 1A) including AlGaN (Yanagihara: [0044]). Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yanagihara et al. (U.S. 2022/0392887 A1; “Yanagihara”) in view of Yamaguchi et al. (U.S. 2020/0388610 A1; “Yamaguchi”). Regarding claim 1, Yanagihara discloses a semiconductor device, comprising: A first terminal (121, Fig. 1A); A second terminal (123, Fig. 1A); A third terminal (122, Fig. 1A); A first transistor (111, Fig. 1A) of a normally-off type, the first transistor including a first source (11, Fig. 1A), a first drain (14, Fig. 1A), and a first gate (12, Fig. 1A), the first source (11, Fig. 1A) being electrically connected to the first terminal (121, Fig. 1A), the first drain (14, Fig. 1A) being electrically connected to the second terminal (123, Fig. 1A), and the first gate (12, Fig. 1A) being electrically connected to the third terminal (122, Fig. 1A); A second transistor (112, Fig. 1A), the second transistor including a second source (18, Fig. 1A), a second drain (15, Fig. 1A), and a second gate (16, Fig. 1A), the second drain (15, Fig. 1A) being electrically connected to the second terminal (123, Fig. 1A), and the second gate (16, Fig. 1A) being electrically connected to the first terminal (121, Fig. 1A). Yet, Yanagihara does not disclose the following The second transistor is of a normally on-type; A diode, the diode including an anode and a cathode, the anode being electrically connected to the first terminal, and the cathode being electrically connected to the second source. However, Yamaguchi discloses a semiconductor device comprising a diode (2, Fig. 3) including an anode (21A, Fig. 3) and a cathode (21C, Fig. 3), the anode (21A, Fig. 3) being electrically connected to a first terminal (), and the cathode (21C, Fig. 3) being electrically connected to a second source ([0038]-[0041]), wherein the [second] transistor (1, Fig. 3) is of a normally on-type ([0038]). This has the advantage of improving device performance by increasing withstand or breakdown voltage and providing higher-speed operation with lower on-resistance. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to modify the invention of Yanagihara with a diode including an anode being electrically connected to the first terminal, and a cathode being electrically connected to the second source wherein the second transistor is of a normally on-type, as taught by Yamaguchi, so as to improve device performance. Regarding claim 3, Yanagihara and Yamaguchi disclose a device substrate (Yamaguchi: 30, Fig. 3) including a first substrate [top] face, a position of the diode (Yamaguchi: 2, Fig. 3) with respect to the first substrate face being fixed, and the cathode (Yamaguchi: 21C, Fig. 3) being located between the first substrate face (Yamaguchi: 30, Fig. 3) and the anode (Yamaguchi: 21A, Fig. 3). Allowable Subject Matter Claims 9-17 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REEMA PATEL whose telephone number is (571)270-1436. The examiner can normally be reached M-F, 8am-5pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Kim can be reached at (571)272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /REEMA PATEL/Primary Examiner, Art Unit 2812 3/17/26
Read full office action

Prosecution Timeline

Feb 21, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
95%
With Interview (+6.4%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1106 resolved cases by this examiner. Grant probability derived from career allowance rate.

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